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ENFORCEMENT DECREE OF THE ACT ON THE PROMOTION OF WORKERS’ PARTICIPATION AND COOPERATION

Wholly Amended by Presidential Decree No. 20804, jun. 5, 2008

Amended by Presidential Decree No. 22269, Jul. 12, 2010

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 27751, Dec. 30, 2016

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Act on the Promotion of Workers’ Participation and Cooperation and matters necessary for the enforcement thereof.
 Article 2 (Scope of Establishment)
For the purpose of Article 4 (1) of the Act on the Promotion of Workers’ Participation and Cooperation (hereinafter referred to as the "Act"), if the total number of workers engaged in one business is not less than 30 persons, a labor-management council (hereinafter referred to as the "Council") shall be established at the principal office, even if the relevant workers are dispersed regionally.
 Article 3 (Election of Workers’ Members)
(1) Worker'' members of a business or workplace where a trade union consisting of a majority of workers under Article 6 (2) and (4) of the Act fails to be organized shall be elected in a direct and secret vote by workers: Provided, That if deemed inevitable for any of the special characteristics of a business or workplace, workers to elect workers’ members (hereafter referred to as "workers’ member voters" in this Article) may be elected in the first place in proportion to the number of workers for each department, and then workers’ members may be elected in a direct and secret vote with the participation by a majority of workers’ member voters.
(2) Any person who intends to run for workers’ member shall be a worker at the relevant business or workplace, and shall obtain recommendation from ten or more workers at the business or workplace.
 Article 4 (Supplementary Members)
Where a vacancy occurs in workers’ member, a supplementary member shall be commissioned or elected within 30 days, and in the case of a business or workplace where no trade union consisting of a majority of workers exists, the first candidate in order of the number of votes gained in the worker’s member election from among the persons who fail to be elected in vote may be commissioned as worker’s member.
 Article 5 (Bylaws of Council)
(1) Bylaws of the Council under Article 18 of the Act (hereinafter referred to as "bylaws of the Council") shall contain the following matters:
1. Number of members of the Council;
2. Matters related to the procedure for election of worker’s members and to registration of candidates;
3. Matters related to the qualifications of employer’ members;
4. Matters related to hours deemed devoted to working by a member of the Council under Article 9 (3) of the Act;
5. Matters related to the convocation of meetings, sessions thereof, operation, etc. of the Council;
6. Matters related to the method of and procedure for voluntary arbitration under Article 25 of the Act;
7. Matters related to the number of grievance-handling members and to the handling of grievances.
(2) The establishment or modification of bylaws of the Council shall require a decision of the Council.
 Article 6 (Preparation of Minutes)
Minutes under Article 19 of the Act shall be either signed or sealed by all members present.
 Article 7 (Procedure for Handling Grievances)
If a worker has a grievance, he/she may report thereon to a grievance-handling member under Article 26 of the Act (hereinafter referred to as "grievance-handling member") verbally or in writing. In such cases, the grievance-handling member who receives such report shall handle it without delay.
 Article 8 (Status and Treatment of Grievance-Handling Members)
(1) Each grievance-handling member shall serve on a non-standing and no-remuneration basis.
(2) No employer shall give any disadvantage to any grievance-handling member in relation to the latter’s performance of functions as such.
(3) The time spent by any grievance-handling member for consultation on and handling of grievances shall be deemed time spent for work.
 Article 9 (Keeping of Ledger)
Each grievance-handling member shall prepare and keep a ledger related to the receipt and handling of grievances and preserve it for one year.
 Article 10 (Delegation of Authority)
The Minister of Employment and Labor shall delegate his/her authority with regard to the following matters, to the heads of local employment and labor agencies in accordance with Article 29 of the Act: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Corrective orders under Article 11 of the Act;
2. Receipt of bylaws of the Council under Article 18 of the Act;
3. Imposition and collection of fines for negligence under Article 33 of the Act.
 Article 11 Deleted. <by Presidential Decree No. 27751, Dec. 30, 2016>
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on June 22, 2008.
Article 2 (Relations with other Acts and Subordinate Statutes)
A citation of the former Enforcement Decree of the Act on the Promotion of Workers' Participation and Cooperation by other Acts and subordinate statutes, if any, in force as at the time this Decree enters into force shall be deemed to be a citation of the relevant provisions in lieu of the former provisions if the corresponding provisions exist in this Decree.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017.
Article 2 through 12 Omitted.